private nuisance Flashcards
(11 cards)
define private nuisance
An unlawful, indirect interference for a substantial length of time with a person’s right to enjoy or use his land in a reasonable way and is actionable in tort
what must the claimant show?
- valid claimant and defendant
- the was a interference
- that interference was unlawful
principle from Hunter v Canary Wharf?
To sue in private nuisance, a claimant must have a legal interest in the land affected
principle from Sedleigh-Denfield v O’Callaghan
A person can be liable for a private nuisance which he did not create, if he adopts the activity in question
principle from Tetley v Chitty?
the defendant must be the occupier of land or creator of nuisance
what type of interference is private nuisance with examples and cases?
noise - Sturges v Bridgeman smoke
fumes - Helen’s smelting v Tipping
principle from Halsey v Esso petroleum?
interference can be damage to property OR interference with comfort or the enjoyment of land
how to assess unreasonableness ith cases?
locality - Kennaway v Thompson
duration - Bolton v Stone
abnormal sensitivity - Mckinnon v walker
presence of malice - Hollywood silver fox farm v Emmett
social utility of D - Dennis v MOD
what are the potential defences and cases?
20 years prescription - Sturges v Bridgman
statutory authority - Allen v Gulf oil
CONSENT NOT PLANNING PERMISSION ALONE
remedies with case?
injunctions, damages, abatement
Dennis v MOT
what is abatement?
eliminating the nuisance
